Govt Notifies The Telecommunications (Telecom Cyber Security) Rules, 2024
Introduction
The Ministry of Communications, Department of Telecommunications notified the Telecommunications (Telecom Cyber Security) Rules, 2024 on 22nd November 2024. These rules were notified to overcome the vulnerabilities that rapid technological advancements pose. The evolving nature of cyber threats has contributed to strengthening and enhancing telecom cyber security. These rules empower the central government to seek traffic data and any other data (other than the content of messages) from service providers.
Background Context
The Telecommunications Act of 2023 was passed by Parliament in December, receiving the President's assent and being published in the official Gazette on December 24, 2023. The act is divided into 11 chapters 62 sections and 3 schedules. The said act has repealed the old legislation viz. Indian Telegraph Act of 1885 and the Indian Wireless Telegraphy Act of 1933. The government has enforced the act in phases. Sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61, and 62 came into force on June 26, 2024. While, sections 6-8, 48, and 59(b) were notified to be effective from July 05, 2024.
These rules have been notified under the powers granted by Section 22(1) and Section 56(2)(v) of the Telecommunications Act, 2023.
Key Provisions of the Rules
These rules collectively aim to reinforce telecom cyber security and ensure the reliability of telecommunication networks and services. They are as follows:
The Central Government agency authorized by it may request traffic or other data from a telecommunication entity through the Central Government portal to safeguard and ensure telecom cyber security. In addition, the Central Govt. can instruct telecommunication entities to establish the necessary infrastructure and equipment for data collection, processing, and storage from designated points.
● Obligations Relating To Telecom Cybersecurity:
Telecom entities must adhere to various obligations to prevent cyber security risks. Telecommunication cyber security must not be endangered, and no one is allowed to send messages that could harm it. Misuse of telecommunication equipment such as identifiers, networks, or services is prohibited. Telecommunication entities are also required to comply with directions and standards issued by the Central Govt. and furnish detailed reports of actions taken on the government portal.
● Compulsory Measures To Be Taken By Every Telecommunication Entity:
Telecom entities must adopt and notify the Central Govt. of a telecom cyber security policy to enhance cybersecurity. They have to identify and mitigate risks of security incidents, ensure timely responses, and take appropriate measures to address such incidents and minimize their impact. Periodic telecom cyber security audits must be conducted to assess network resilience against potential threats for telecom entities. They must report security incidents promptly to the Central Govt. and establish facilities like a Security Operations Centre.
● Reporting of Security Incidents:
- Telecommunication entities must report the detection of security incidents affecting their network or services within six hours.
- 24 hours are provided for submitting detailed information about the incident, including the number of affected users, the duration, geographical scope, the impact on services, and the remedial measures implemented.
The Central Govt. may require the affected entity to provide further information, such as its cyber security policy, or conduct a security audit.
CyberPeace Policy Analysis
The notified rules reflect critical updates from their draft version, including the obligation to report incidents immediately upon awareness. This ensures greater privacy for consumers while still enabling robust cybersecurity oversight. Importantly, individuals whose telecom identifiers are suspended or disconnected due to security concerns must be given a copy of the order and a chance to appeal, ensuring procedural fairness. The notified rules have removed "traffic data" and "message content" definitions that may lead to operational ambiguities. While the rules establish a solid foundation for protecting telecom networks, they pose significant compliance challenges, particularly for smaller operators who may struggle with costs associated with audits, infrastructure, and reporting requirements.
Conclusion
The Telecom Cyber Security Rules, 2024 represent a comprehensive approach to securing India’s communication networks against cyber threats. Mandating robust cybersecurity policies, rapid incident reporting, and procedural safeguards allows the rules to balance national security with privacy and fairness. However, addressing implementation challenges through stakeholder collaboration and detailed guidelines will be key to ensuring compliance without overburdening telecom operators. With adaptive execution, these rules have the potential to enhance the resilience of India’s telecom sector and also position the country as a global leader in digital security standards.
References
● Telecommunications Act, 2023 https://acrobat.adobe.com/id/urn:aaid:sc:AP:767484b8-4d05-40b3-9c3d-30c5642c3bac
● CyberPeace First Read of the Telecommunications Act, 2023 https://www.cyberpeace.org/resources/blogs/the-government-enforces-key-sections-of-the-telecommunication-act-2023
● Telecommunications (Telecom Cyber Security) Rules, 2024